Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS for CS for SB 1122
Barcode 722740
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: WD .
03/09/2012 10:17 AM .
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Bennett moved the following:
1 Senate Amendment to Amendment (928190) (with title
2 amendment)
3
4 Between lines 2534 and 2535
5 insert:
6 Section 76. Sections 77 through 85 of this act may be cited
7 as the “Highway Safety Act.”
8 Section 77. The Legislature finds that road rage and
9 aggressive careless driving are a growing threat to the health,
10 safety, and welfare of the public. The intent of the Legislature
11 is to reduce road rage and aggressive careless driving, reduce
12 the incidence of drivers’ interfering with the movement of
13 traffic, minimize crashes, and promote the orderly, free flow of
14 traffic on the roads and highways of the state.
15 Section 78. Subsection (89) is added to section 316.003,
16 Florida Statutes, to read:
17 316.003 Definitions.—The following words and phrases, when
18 used in this chapter, shall have the meanings respectively
19 ascribed to them in this section, except where the context
20 otherwise requires:
21 (89) ROAD RAGE.—The act of a driver or passenger to
22 intentionally or unintentionally, due to a loss of emotional
23 control, injure or kill another driver, passenger, bicyclist, or
24 pedestrian, or to attempt or threaten to injure or kill another
25 driver, passenger, bicyclist, or pedestrian.
26 Section 79. Present subsection (3) of section 316.083,
27 Florida Statutes, is redesignated as subsection (4), and a new
28 subsection (3) is added to that section, to read:
29 316.083 Overtaking and passing a vehicle.—The following
30 rules shall govern the overtaking and passing of vehicles
31 proceeding in the same direction, subject to those limitations,
32 exceptions, and special rules hereinafter stated:
33 (3)(a) On roads, streets, or highways having two or more
34 lanes that allow movement in the same direction, a driver may
35 not continue to operate a motor vehicle in the furthermost left
36 hand lane if the driver knows, or reasonably should know, that
37 he or she is being overtaken in that lane from the rear by a
38 motor vehicle traveling at a higher rate of speed.
39 (b) Paragraph (a) does not apply to a driver operating a
40 motor vehicle in the furthermost left-hand lane if:
41 1. The driver is driving the legal speed limit and is not
42 impeding the flow of traffic in the furthermost left-hand lane;
43 2. The driver is in the process of overtaking a slower
44 motor vehicle in the adjacent right-hand lane for the purpose of
45 passing the slower moving vehicle so that the driver may move to
46 the adjacent right-hand lane;
47 3. Conditions make the flow of traffic substantially the
48 same in all lanes or preclude the driver from moving to the
49 adjacent right-hand lane;
50 4. The driver’s movement to the adjacent right-hand lane
51 could endanger the driver or other drivers;
52 5. The driver is directed by a law enforcement officer,
53 road sign, or road crew to remain in the furthermost left-hand
54 lane; or
55 6. The driver is preparing to make a left turn.
56 (c) A driver who violates s. 316.183 and this subsection
57 simultaneously shall receive a uniform traffic citation solely
58 under s. 316.183.
59 Section 80. Section 316.1923, Florida Statutes, is amended
60 to read:
61 316.1923 Aggressive careless driving.—
62 (1) “Aggressive careless driving” means committing three
63 two or more of the following acts simultaneously or in
64 succession:
65 (a)(1) Exceeding the posted speed as defined in s.
66 322.27(3)(d)5.b.
67 (b)(2) Unsafely or improperly changing lanes as defined in
68 s. 316.085.
69 (c)(3) Following another vehicle too closely as defined in
70 s. 316.0895(1).
71 (d)(4) Failing to yield the right-of-way as defined in s.
72 316.079, s. 316.0815, or s. 316.123.
73 (e)(5) Improperly passing or failing to yield to overtaking
74 vehicles as defined in s. 316.083, s. 316.084, or s. 316.085.
75 (f)(6) Violating traffic control and signal devices as
76 defined in ss. 316.074 and 316.075.
77 (2) Any person convicted of aggressive careless driving
78 shall be cited for a moving violation and punished as provided
79 in chapter 318, and by the accumulation of points as provided in
80 s. 322.27, for each act of aggressive careless driving.
81 Section 81. Section 318.121, Florida Statutes, is amended
82 to read
83 318.121 Preemption of additional fees, fines, surcharges,
84 and costs.—Notwithstanding any general or special law, or
85 municipal or county ordinance, additional fees, fines,
86 surcharges, or costs other than the additional fees, fines,
87 court costs, and surcharges assessed under s. 318.18(11), (13),
88 (18), and (19), and (22) may not be added to the civil traffic
89 penalties assessed in this chapter.
90 Section 82. Subsection (22) is added to section 318.18,
91 Florida Statutes, to read:
92 318.18 Amount of penalties.—The penalties required for a
93 noncriminal disposition pursuant to s. 318.14 or a criminal
94 offense listed in s. 318.17 are as follows:
95 (22)(a) In addition to any penalties or points imposed
96 under s. 316.1923, a person convicted of aggressive careless
97 driving shall also pay:
98 1. Upon a first violation, a fine of $100.
99 2. Upon a second or subsequent conviction, a fine of not
100 less than $250 but not more than $500 and be subject to a
101 mandatory hearing under s. 318.19.
102 (b) The clerk of the court shall remit the moneys collected
103 from the increased fine imposed by this subsection to the
104 Department of Revenue for deposit into the Emergency Medical
105 Services Trust Fund. Of the funds deposited into the Emergency
106 Medical Services Trust Fund, $200,000 in the first year after
107 October 1, 2012, and $50,000 in the second and third years,
108 shall be transferred into the Highway Safety Operating Trust
109 Fund to offset the cost of providing educational materials
110 related to this act. Funds deposited into the Emergency Medical
111 Services Trust Fund under this subsection shall be allocated as
112 follows:
113 1. Twenty-five percent shall be allocated equally among all
114 Level I, Level II, and pediatric trauma centers in recognition
115 of readiness costs for maintaining trauma services.
116 2. Twenty-five percent shall be allocated among Level I,
117 Level II, and pediatric trauma centers based on each center’s
118 relative volume of trauma cases as reported in the Department of
119 Health Trauma Registry.
120 3. Twenty-five percent shall be used by the department for
121 making matching grants to emergency medical services
122 organizations as defined in s. 401.107.
123 4. Twenty-five percent shall be made available to rural
124 emergency medical services as defined in s. 401.107, and shall
125 be used solely to improve and expand prehospital emergency
126 medical services in this state. Additionally, these moneys may
127 be used for the improvement, expansion, or continuation of
128 services provided.
129 Section 83. Section 318.19, Florida Statutes, is amended to
130 read:
131 318.19 Infractions requiring a mandatory hearing.—Any
132 person cited for the infractions listed in this section shall
133 not have the provisions of s. 318.14(2), (4), and (9) available
134 to him or her but must appear before the designated official at
135 the time and location of the scheduled hearing:
136 (1) Any infraction which results in a crash that causes the
137 death of another;
138 (2) Any infraction which results in a crash that causes
139 “serious bodily injury” of another as defined in s. 316.1933(1);
140 (3) Any infraction of s. 316.172(1)(b);
141 (4) Any infraction of s. 316.520(1) or (2); or
142 (5) Any infraction of s. 316.183(2), s. 316.187, or s.
143 316.189 of exceeding the speed limit by 30 m.p.h. or more; or.
144 (6) A second or subsequent infraction of s. 316.1923(1).
145 Section 84. The Department of Highway Safety and Motor
146 Vehicles shall provide information about the Highway Safety Act
147 in all driver’s license educational materials newly printed on
148 or after October 1, 2012.
149 Section 85. For the purpose of incorporating the amendments
150 made by this act to section 316.1923, Florida Statutes, in a
151 reference thereto, paragraph (a) of subsection (1) of section
152 316.650, Florida Statutes, is reenacted to read:
153 316.650 Traffic citations.—
154 (1)(a) The department shall prepare and supply to every
155 traffic enforcement agency in this state an appropriate form
156 traffic citation that contains a notice to appear, is issued in
157 prenumbered books, meets the requirements of this chapter or any
158 laws of this state regulating traffic, and is consistent with
159 the state traffic court rules and the procedures established by
160 the department. The form shall include a box that is to be
161 checked by the law enforcement officer when the officer believes
162 that the traffic violation or crash was due to aggressive
163 careless driving as defined in s. 316.1923. The form shall also
164 include a box that is to be checked by the law enforcement
165 officer when the officer writes a uniform traffic citation for a
166 violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of
167 the driver failing to stop at a traffic signal.
168
169 ================= T I T L E A M E N D M E N T ================
170 And the title is amended as follows:
171 Between lines 2937 and 2938
172 insert:
173 providing a short title; providing legislative intent
174 relating to road rage and aggressive careless driving;
175 amending s. 316.003, F.S.; defining the term “road
176 rage”; amending s. 316.083, F.S.; requiring an
177 operator of a motor vehicle to yield the left lane
178 when being overtaken on a multilane highway; providing
179 exceptions; amending s. 316.1923, F.S.; revising the
180 number of specified acts necessary to qualify as an
181 aggressive careless driver; providing specified
182 punishments for aggressive careless driving, including
183 imposition of an increased fine; amending s. 318.121,
184 F.S.; revising the preemption of additional fees,
185 fines, surcharges, and court costs to allow imposition
186 of the increased fine for aggressive careless driving;
187 amending s. 318.18, F.S.; specifying the amount of the
188 fine and the allocation of moneys received from the
189 increased fine imposed for aggressive careless
190 driving; amending s. 318.19, F.S.; providing that a
191 second or subsequent infraction as an aggressive
192 careless driver requires attendance at a mandatory
193 hearing; requiring the Department of Highway Safety
194 and Motor Vehicles to provide information about the
195 Highway Safety Act in driver’s license educational
196 materials; reenacting s. 316.650(1)(a), F.S., relating
197 to traffic citations, to incorporate the amendments
198 made to s. 316.1923, F.S., in a reference thereto;